Private Law

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Browsing Private Law by Author "Basel Mohamed Yousef Qabha"

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    Identifying the Literary Harmful (A comparative Study between the Jordanian Civilian Law and the Egyptian One)
    (2008) Basel Mohamed Yousef Qabha; Dr. Ali Al - Sartawi
    This study aims at identifying the compensation for the literary harmful in the Jordanian and Egyptian laws as comparative study. Also, it identifies the compensation for the literary harmful according to the Islamic - French jurisprudence related to the subject. The study has been divided into three chapters: The first chapter identifies the literary harm and the principle of the full compensation. The chapter contains three sections. The first one deals the conception of the compensation and its identification in three subs -­sections; the first one tracks the meaning of compensation in the language, in the second connotative meaning. The second sub-section deals with the literary harm according to the law, legislative and judicature. This sub- suction has three branches titled as the following: the compensation for literary harm in law, legislative and judicature. The third sub-suction deals with the compensation for literary harm in Islamic jurisprudence and law. This sub - section has been divided into three branches, the first one identifying the meaning of the compensation; the second one identifying the compensation as guarantee according to the scholars; the third one identifying the compensation in the civilian law. The second section deals with the literary harms and its conditions. Also, it is divided into to branches, the first one deals with the conditions of the literary harms in five parts, the first one contains the necessity of the occurred literary harm; the second should be directly, the third should be personally, the fourth should have damages with the literary interest and the fifth contains that the compensation for the harm should not occurred before. The final section deals with the complete compensation under three branches; the first one contains the harmony between the harm elements; the second one contains the judge authority when establishing the compensation; the third one deals with the literary and financial compensation. The second chapter deals with the role of compensation. This chapter is divided into three sections; the first one contains the compensation as punishment. This subject has been discussed in two ways; the punishment in ancient laws and the punishment according to ancient Roman and French laws. The second section contains the reformative role of the compensation according to the judge role and the scholars' attitude about this subject. The third section discusses the differences of the compensation according to the harm kinds in two ways; the compensation of financial harms and non-financial harms. The third chapter deals with the legal foundation of the compensation for harm in three sections; the first section deals with the legal foundation of the compensation for harm according to the Islamic jurisprudence in two ways; not guarantee of the literary harm and the guarantee of the literary harm according to the Islamic jurisprudence. The second section deals with the literary harm in the Jordanian law in two ways; the first way discuses the compensation under the contraction responsibility which has two branches; according the Jordanian law and according the Jordanian judicature. The second way deals with the compensation for literal harm according to thy negligent responsibility. The third section deals with the compensation for literary harm in the Egyptian law in two ways; according to the French law and according to the Egyptian civilian law. Also, it deals with the compensation under the contraction responsibility and the negligent responsibility. The study concludes that the main deference about non compensation for the literary harm is the financial compensation .Also, it concludes that the literary harm has two sides; concrete and abstract side. Furthermore, the literary harm should be compensated if its conditions have been achieved under the civilian responsibility.